Marup Sk Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Marup Sk Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to petitioner Marup Sk. on furnishing bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one surety to be local), subject to conditions that he remain physically present on every date fixed by the learned Trial Court and not leave the District of Malda without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioner, in custody for about 11 months in Kaliachak Police Station Case No. 1507/2025 under Sections 21(C)/25/27A/29 of the NDPS Act for alleged recovery of 514 Gms. of Brown Sugar, should be released on bail under Section 483 BNSS / Section 439 CrPC notwithstanding the State's objection that a commercial quantity of contraband was seized.

Court's answer

The Court took into account the Chemical Examiner's Report, which reflected presence of Diacetylmorphine, 6-Monoacetylmorphine and Morphine.

Ratio / Principle

Having regard to the Chemical Examiner's Report and relying upon Sentu Seikh vs. State of West Bengal (SLP (Crl.) No. 13987/2025), the Court was inclined to release the petitioner on bail.

Key takeaways

Bail allowed: petitioner Marup Sk. to furnish bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each, one of whom must be local, to the satisfaction of the Learned Judge, NDPS Act Court, Malda.ratio¶17
Conditions of bail: petitioner to be physically present on each and every date fixed by the learned Trial Court and not to leave the jurisdiction of District of Malda without prior permission of the learned Special Court.ratio¶18

Detailed headnote1 paragraphs

Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 439 of the Code of Criminal Procedure, 1973 allowed in Kaliachak Police Station Case No. 1507/2025 dated 26.08.2025 under Sections 21(C)/25/27A/29 of the NDPS Act. Petitioner Marup Sk. was in custody for about 11 months; alleged recovery of 514 Gms. of Brown Sugar from his possession; prosecution cited 8 witnesses; State opposed bail on the ground that commercial quantity of contraband was seized. The Chemical Examiner's Report reflected presence of Diacetylmorphine, 6-Monoacetylmorphine and Morphine. Relying upon Sentu Seikh vs. State of West Bengal (SLP (Crl.) No. 13987/2025), Tirthankar Ghosh, J. released the petitioner on a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local), directing physical presence on every date fixed by the learned Trial Court and prohibiting departure from the District of Malda without prior permission of the learned Special Court.

29.07.2026 Court No.35. D/L. 54. Kausik (Allowed)

CRM (NDPS) 1382 of 2026

In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Kaliachak Police Station Case No. 1507/2025 dated 26.08.2025 under Section 21(C)/25/27A/29 of the NDPS Act. And

In the matter of : Marup Sk.

……Petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick

……for the Petitioner.

Mr. L. Vishal Kumar

……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for about 11 months and the alleged recovery in the present case is 514 Gms. of Brown Sugar from the possession of the petitioner. Prosecution has relied upon 8 witnesses in order to prove its case which will consume some time. As such, learned advocate prays for bail.

Learned advocate for the State opposes the prayer for bail as commercial quantity of contraband has been seized in the present case.

I have taken into account the Chemical Examiner’s Report which reflects presence of Diacetylmorphine, 6-Monoacetylmorphine and Morphine.

2

Having regard to the Chemical Examiner’s Report and

relying upon Sentu Seikh vs. State of West Bengal (SLP (Crl.) No. 13987/2025) I am inclined to release the petitioner on bail.

Accordingly prayer for bail of the petitioner is allowed.

Accordingly, Petitioner, namely, Marup Sk. shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Judge, under NDPS Act, 4^th Court, Malda.

If on bail, petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) 1382 of 2026 is allowed .

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)